Appellant / Complainant
U.P. Awas Evam Vikas Parishad
Respondent
Shailee Sinha
Appellant
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126003072023 by U.P. Awas Evam Vikas Parishad against Shailee Sinha before up_rera.
for delivery of Judgment/Order
The Appellate Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks the jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
For Order
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad concerning compensation claims for delayed possession and penalty rent; however, the final judgment has been reserved.
for delivery of Judgment/Order
The Tribunal condoned the delay in filing eight appeals by U.P. Awas Evam Vikas Parishad, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, substantial justice outweighs technical limitations.
Final Hearing
The Tribunal heard arguments regarding the application for condonation of delay and has reserved its order.
Final Hearing
The Tribunal granted an adjournment requested by the respondent's counsel on health grounds and rescheduled the hearing for the defective appeal to 01.03.2024.
Final Hearing
The Tribunal granted the respondent's request for more time to conduct research and rescheduled the hearing of the defective appeal to 07.11.2023.
Hearing
The Tribunal adjourned the defective appeal to 26.09.2023 and directed the applicant's counsel to bring relevant judgments regarding condonation of delay for the next hearing.
For Order
The proceedings were adjourned at the request of the respondent's counsel, with the defective appeal rescheduled for hearing on 21.08.2023 regarding the application for condonation of delay.
Delay condonation
The Tribunal granted the respondent's counsel time to examine the appellant's submitted judgments and adjourned the defective appeal to 05.07.2023 for hearing.
Delay condonation
The Tribunal granted a request by the appellant's counsel to adjourn the matter to 04.07.2023 to allow for submissions regarding an application for condonation of delay and its supporting affidavit.
Delay condonation
The Tribunal granted the appellant a one-week extension to file a better affidavit in support of their application for condonation of delay.
Delay condonation
The Tribunal noted the appellant's compliance with Section 43(5) of the Act via a deposit of Rs. 9,18,637/- and directed that notice be issued to the respondent regarding the application for condonation of delay.
Tribunal Order #0901126003072023-24-05-2024
The Appellate Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks the jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
Tribunal Order #0901126003072023-21-05-2024
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad concerning compensation claims for delayed possession and penalty rent; however, the final judgment has been reserved.
Tribunal Order #0901126003072023-07-05-2024
The Tribunal condoned the delay in filing eight appeals by U.P. Awas Evam Vikas Parishad, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, substantial justice outweighs technical limitations.
Tribunal Order #0901126003072023-23-02-2023
The Tribunal noted the appellant's compliance with Section 43(5) of the Act via a deposit of Rs. 9,18,637/- and directed that notice be issued to the respondent regarding the application for condonation of delay.
Tribunal Disposal & Final Award Ruling
The Appellate Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks the jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority. Awarded in favor of Appellant. Awarded interest rate: MCLR + 1%.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Appellate Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks the jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
Ruling Awarded To
Appellant
Awarded Interest Rate
MCLR + 1%
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- N N Pandey
Respondent Advocate(s)
- Amit Yadav
- Promod Kumar Sinha
Official RERA Tribunal Orders (4)
The Appellate Tribunal set aside eight orders passed by the Adjudicating Officer, ruling that the Adjudicating Officer lacks the jurisdiction to award interest for delayed possession when an allottee chooses to stay in a project; such determination falls under the exclusive power of the Regulatory Authority.
The Tribunal heard arguments regarding an appeal by U.P. Awas Evam Vikas Parishad concerning compensation claims for delayed possession and penalty rent; however, the final judgment has been reserved.
The Tribunal condoned the delay in filing eight appeals by U.P. Awas Evam Vikas Parishad, ruling that since the impugned orders prima facie appeared to be passed without jurisdiction, substantial justice outweighs technical limitations.
The Tribunal noted the appellant's compliance with Section 43(5) of the Act via a deposit of Rs. 9,18,637/- and directed that notice be issued to the respondent regarding the application for condonation of delay.
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